BILL NUMBER: SB 2202	CHAPTERED  09/27/00

	CHAPTER   740
	FILED WITH SECRETARY OF STATE   SEPTEMBER 27, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 25, 2000
	PASSED THE SENATE   AUGUST 31, 2000
	PASSED THE ASSEMBLY   AUGUST 31, 2000
	AMENDED IN ASSEMBLY   AUGUST 29, 2000
	AMENDED IN ASSEMBLY   AUGUST 25, 2000
	AMENDED IN ASSEMBLY   AUGUST 11, 2000

INTRODUCED BY   Committee on Environmental Quality (Senators Sher
(Chair), Alarcon, Alpert, Chesbro, Hayden, McPherson, O'Connell,
Rainey, Solis, and Wright)

                        MARCH 29, 2000

   An act to repeal Section 12171 of the Public Contract Code, and to
amend Sections 40912, 41770, 41780, 41821, 41821.1, 41821.5, 41825,
and 41850 of, to amend, repeal, and add Section 41821.2 of, and to
add Section 40977 to, the Public Resources Code, relating to
recycling.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 2202, Committee on Environmental Quality.  Solid waste
management:  diversion:  reports.
   (1) The existing California Integrated Waste Management Act of
1989, which is administered by the California Integrated Waste
Management Board, establishes an integrated waste management program.
  Under existing law, the act requires each city, county, city and
county, and regional agency, if any, to develop a source reduction
and recycling element of an integrated waste management plan
containing specified components.  For the first revision of the
element, those entities are required to divert, by January 1, 2000,
from disposal or transformation, 50% of the solid waste through
source reduction, recycling, and composting subject to the element,
except as specified.
   This bill would require the first and each subsequent revision to
provide for this diversion on and after January 1, 2000, and would
require the board by July 1, 2001, to develop a model revised source
reduction and recycling element.  The bill would require the board to
provide local jurisdictions and private businesses with information,
tools, and mathematical models to assist with meeting or exceeding
the diversion requirement.
   (2) Existing law requires a city, county, or regional agency to
submit an annual report to the board summarizing its progress in
diverting solid waste from disposal.  The report is required to
include, among other things, information relevant to compliance with
the solid waste diversion requirements.
   This bill would authorize a city, county, or regional agency to
include, in the report, information about existing and new programs
that are not part of the original or modified source reduction and
recycling element.  The bill would also authorize those entities to
include information regarding any factor that the jurisdiction
believes affects the accuracy of the waste reduction calculations in
the report to accurately reflect the changes in the amount of solid
waste that is actually disposed, and information regarding certain
programs that are being undertaken by the jurisdiction.  The bill
would authorize a jurisdiction to also provide the board, in the
report, an estimate that jurisdiction believes reflects that
jurisdiction's annual reduction or increase in the disposal of solid
waste.  The bill would require the board to adopt procedures for
requiring additional information in the report and conferring with
jurisdiction regarding the implementation of a diversion program or
the calculations of the annual disposal reduction.
   (3) Existing law requires a county or regional agency to submit an
annual report to the board summarizing the adequacy of the siting
element and summary plan.
   This bill would require the board to adopt procedures to authorize
a jurisdiction to submit an abbreviated version of the report if the
board determines that jurisdiction meets specified conditions.
   (4) Existing law requires a community service district that
provides solid waste handling services or that implements source
reduction and recycling programs to provide the city, county, or
regional agency in which it is located information on the programs
implemented by the district and the amount of waste disposed and
diverted within the district.  Existing law authorizes a city or
county to form a regional agency with another city or county for
purposes of complying with the act.
   This bill would, as of July 1, 2001, revise the information that a
district is required to provide, and would require a district to
comply with the source reduction and recycling element and household
hazardous waste element of the jurisdiction in which the district is
located.  The bill would authorize a district to impose a fee, in a
specified manner, for the costs of complying with these requirements.
  The bill would impose a state-mandated local program by imposing
new duties upon local agencies.
   The bill would authorize the imposition of penalties upon a
district in proportion to the districts' responsibility for its
failure to implement those elements.
   This bill would allow a regional agency to authorize such a
district to be included as a member of the regional agency.
   (5) Existing law requires disposal facility operators and
recycling and composting facilities to submit periodic tracking
information to counties.
   This bill would require the board to submit a report to the
Legislature by January 1, 2002, evaluating the implementation of the
periodic tracking survey requirements.
   (6) Existing law authorizes the board to issue an order of
compliance with a specific schedule for achieving compliance, if the
board finds that the city, county, or regional agency has failed to
implement its source reduction and recycling element or its household
hazardous waste element.
   This bill would require the board to issue a notice of intent,
pursuant to a specified procedure, at least 30 days before the board
holds a hearing to issue an order of compliance.
   (7) Existing law, which is repealed on January 1, 2001, requires
all state agencies to purchase specified recycled products, including
rerefined automotive lubricants, recycled antifreeze fluid, recycled
solvent, and recycled paint, instead of nonrecycled products,
whenever the recycled products are available at the same cost, or at
a lower cost, than the total costs of the nonrecycled products.
   This bill would delete the provision repealing those provisions on
January 1, 2001, thereby continuing those requirements indefinitely.

  (8) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 12171 of the Public Contract Code is repealed.

  SEC. 2.  Section 40912 of the Public Resources Code is amended to
read:
   40912.  (a) The board shall develop a model countywide or regional
siting element and a model countywide or regional agency integrated
waste management plan that will establish prototypes of the content
and format that counties or regional agencies may use in meeting the
requirements of this part.
   (b) On or before July 1, 2001, the board shall develop a model
revised source reduction and recycling element that will establish
prototypes of the content and format of that element that cities,
counties, regional agencies, or a city and county may use in meeting
the requirements of this part.
   (c) The board shall adopt a program to provide assistance to
cities, counties, regional agencies, or a city and county in the
development and implementation of source reduction programs.  The
program shall include, but not be limited to, the following:
   (1) The development of model source reduction programs and
strategies that may be used at the local and regional level.
   (2) Ongoing analysis of public and private sector source reduction
programs that may be provided to cities, counties, regional
agencies, and a city and county in order to assist them in complying
with Article 3 (commencing with Section 41050) of Chapter 2 and
Article 3 (commencing with Section 41350) of Chapter 3.
   (3) Assistance to cities, counties, regional agencies, and a city
and county in the development of source reduction programs for
commercial and industrial generators of solid waste that include the
development of source reduction strategies designed for specific
types of commercial and industrial generators.
   (d) The board shall, to the maximum extent feasible, utilizing
existing resources, provide local jurisdictions and private
businesses with information, tools, and mathematical models to assist
with meeting or exceeding the 50-percent diversion requirement
pursuant to Section 41780.  The board shall act as a solid waste
information clearinghouse.
  SEC. 3.  Section 40977 is added to the Public Resources Code, to
read:
   40977.  A regional agency may authorize one district, as defined
in subdivision (a) of Section 41821.2, to be included as a member of
the regional agency.
  SEC. 4.  Section 41770 of the Public Resources Code is amended to
read:
   41770.  (a) Each countywide or regional agency integrated waste
management plan, and the elements thereof, shall be reviewed,
revised, if necessary, and submitted to the board every five years in
accordance with the schedule set forth under Chapter 7 (commencing
with Section 41800).
   (b) Any revisions to a countywide or regional agency integrated
waste management plan, and the elements thereof, shall use a waste
disposal characterization method that the board shall develop for the
use of the city, county, city and county, or regional agency.  The
city, county, city and county, or regional agency shall conduct waste
disposal characterization studies, as prescribed by the board, if it
fails to meet the diversion requirements of Section 41780, at the
time of the five-year revision of the source reduction and recycling
element.
   (c) The board may review and revise its regulations governing the
contents of revised source reduction and recycling elements to reduce
duplications in one or more components of these revised elements.
  SEC. 5.  Section 41780 of the Public Resources Code is amended to
read:
   41780.  (a) Each city or county source reduction and recycling
element shall include an implementation schedule which shows both of
the following:
   (1) For the initial element, the city or county shall divert 25
percent of all solid waste from landfill disposal or transformation
by January 1, 1995, through source reduction, recycling, and
composting activities.
   (2) Except as provided in Sections 41783, 41784, and 41785, for
the first and each subsequent revision of the element, the city or
county shall divert 50 percent of all solid waste on and after
January 1, 2000, through source reduction, recycling, and composting
activities.
   (b) Nothing in this part prohibits a city or county from
implementing source reduction, recycling, and composting activities
designed to exceed these goals.
  SEC. 6.  Section 41821 of the Public Resources Code is amended to
read:
   41821.  (a) (1) Each year following the board's approval of a
city, county, or regional agency's source reduction and recycling
element, household hazardous waste element, and nondisposal facility
element, the city, county, or regional agency shall submit a report
to the board summarizing its progress in reducing solid waste as
required by Section 41780.
   (2) The annual report shall be due on or before August 1 of the
year following board approval of the source reduction and recycling
element, the household hazardous waste element, and the nondisposal
facility element, and on or before August 1 in each subsequent year.
The information in this report shall encompass the previous calendar
year, January 1 to December 31, inclusive.
   (b) Each jurisdiction's annual report to the board shall, at a
minimum, include the following:
   (1) Calculations of annual disposal reduction.
   (2) Information on the changes in waste generated or disposed of
due to increases or decreases in population, economics, or other
factors in complying with subdivision (c) of Section 41780.1.
   (3) A summary of progress made in implementing the source
reduction and recycling element and the household hazardous waste
element.  The city, county, or regional agency may also include
information about existing and new programs it is implementing that
are not part of the original or modified source reduction and
recycling element adopted by the jurisdiction and approved by the
board to achieve the diversion requirements of Section 41780.
   (4) If the jurisdiction has been granted a time extension by the
board pursuant to Section 41820, the jurisdiction shall include a
summary of progress made in meeting the source reduction and
recycling element implementation schedule pursuant to paragraph (2)
of subdivision (a) of Section 41780 and complying with the
jurisdiction's plan of correction, prior to the expiration of the
time extension.
   (5) If the jurisdiction has been granted an alternative source
reduction, recycling, and composting requirement pursuant to Section
41785, the jurisdiction shall include a summary of progress made
towards meeting the alternative requirement as well as an explanation
of current circumstances that support the continuation of the
alternative requirement.
   (6) Other information relevant to compliance with Section 41780.
   (c) A jurisdiction may also include, in the report required by
this section, all of the following:
   (1) Any factor that the jurisdiction believes would affect the
accuracy of the estimated waste disposal reduction calculation
provided in the report pursuant to paragraph (1) of subdivision (b)
to accurately reflect the changes in the amount of solid waste that
is actually disposed.  The jurisdiction may include, but is not
limited to including, all of the following factors:
   (A) Whether the jurisdiction hosts a solid waste facility.
   (B) The effects of self-hauled waste and construction and
demolition waste.
   (C) The original or subsequent base year calculation, the amount
of orphan waste, and the waste disposal reduction adjustment
methodology.
   (2) Information regarding the programs the jurisdiction is
undertaking to respond to the factors specified in paragraph (1), and
why it is not feasible to implement programs to respond to other
factors that affect the amount of waste that is disposed.
   (3) An estimate that the jurisdiction believes reflects that
jurisdiction's annual reduction or increase in the disposal of solid
waste.
   (d) The board shall use, but is not limited to the use of, the
annual report in the determination of whether the jurisdiction's
source reduction and recycling element needs to be revised.
   (e) (1) The board shall adopt procedures for requiring additional
information in a jurisdiction's annual report.  The procedures shall
require the board to notify a jurisdiction of any additional required
information no later than 120 days after the board receives the
report from the jurisdiction.
   (2) Paragraph (1) does not prohibit the board from making
additional requests for information in a timely manner.  A
jurisdiction receiving such a request for information shall respond
in a timely manner.
   (f) The board shall adopt procedures for conferring with a
jurisdiction regarding the implementation of a diversion program or
changes to a jurisdiction's calculation of its annual disposal
reduction.
  SEC. 7.  Section 41821.1 of the Public Resources Code is amended to
read:
   41821.1.  (a) Each year following the board's approval of a county
or regional agency's siting element and summary plan, the county or
regional agency shall submit a report to the board summarizing the
adequacy of the siting element and summary plan.  The report on the
siting element shall discuss any changes in disposal capacity,
disposal facilities, or any other relevant issues.  The annual report
shall be due on or before August 1 of the year following board
approval of a county or regional agency's siting element and summary
plan, and on or before August 1 in each subsequent year.  The
information in this report shall encompass the previous calendar
year, January 1 to December 31, inclusive.
   (b) The board shall adopt procedures that may authorize a
jurisdiction to submit an abbreviated version of the report required
pursuant to this section, if the board determines that the
jurisdiction has met or exceeded the requirements of paragraph (2) of
subdivision (a) of Section 41780 for the previous two years, and if
the board determines that the jurisdiction has otherwise complied
with this division for the previous five years.
  SEC. 8.  Section 41821.2 of the Public Resources Code is amended to
read:
   41821.2.  (a) For the purposes of this section, "district" means a
community service district that provides solid waste handling
services or implements source reduction and recycling programs.
   (b) Notwithstanding any other law, each district shall provide the
city, county, or regional agency in which it is located, information
on the programs implemented by the district and the amount of waste
disposed and diverted within the district.  The board may adopt
regulations pertaining to the format of the information to be
provided and deadlines for supplying this information to the city,
county, or regional agency so that it may be incorporated into the
annual report submitted to the board pursuant to Section 41821.
   (c) This section shall become inoperative on July 1, 2001, and, as
of January 1, 2002, is repealed, unless a later enacted statute that
is enacted before January 1, 2002, deletes or extends the dates on
which it  becomes inoperative and is repealed.
  SEC. 9.  Section 41821.2 is added to the Public Resources Code, to
read:
   41821.2.  (a) For the purposes of this section, "district" means a
community service district or sanitary district that provides solid
waste handling services or implements source reduction and recycling
programs.
   (b) Notwithstanding any other law, each district shall do all of
the following:
   (1) Comply with the source reduction and recycling element and the
household hazardous waste element of the city, county, or regional
agency in which the district is located, as required by the city,
county, or regional agency.  The city, county, or regional agency
shall notify a district of any program that it is implementing or
modifying when it annually submits a report to the board pursuant to
Section 41821.
   (2) Provide each city, county, or regional agency in which it is
located, information on the programs implemented by the district, the
amount of waste disposed and reported to the disposal tracking
system pursuant to Section 41821.5 for each city, county, or regional
agency, and the amount of waste diverted by the district for each
city, county, or regional agency.
   (c) The board may adopt regulations pertaining to the format of
the information to be provided pursuant to paragraph (2) of
subdivision (b) and deadlines for supplying this information to the
city, county, or regional agency, so that it may be incorporated into
the annual report submitted to the board pursuant to Section 41821.

   (d) A district is subject to the portion of a penalty imposed,
pursuant to Section 41850, upon a city, county, or regional agency in
which the district is located, that is in proportion to the district'
s responsibility for failure to implement that jurisdiction's source
reduction and recycling element and household hazardous waste
element, as determined by that city, county, or regional agency. The
board shall not determine the proportion of a district's
responsibility as part of its determination to impose penalties.  The
city, county, or regional agency shall provide the district with a
written notice regarding the district's responsibility, including the
basis for determining the district's proportional responsibility,
and an opportunity for hearing before the city, county, or regional
agency's governing body, before assessing the district a proportion
of the penalty imposed by the board.
   (e) A district may impose a fee in an amount sufficient to pay for
the costs of complying with this section.  The fees shall be
assessed and collected in the same manner as the fees imposed
pursuant to Sections 41901 and 41902.
   (f) This section shall become operative on July 1, 2001.
  SEC. 10.  Section 41821.5 of the Public Resources Code is amended
to read:
   41821.5.  (a) Disposal facility operators shall submit to counties
information from periodic tracking surveys on the disposal tonnages
by jurisdiction or region of origin that are disposed of at each
disposal facility.  To enable disposal facility operators to provide
that information, solid waste handlers and transfer station operators
shall provide information to disposal facility operators on the
origin of the solid waste that they deliver to the disposal facility.

   (b) Recycling and composting facilities shall submit periodic
information to counties on the types and quantities of materials that
are disposed of, sold to end users, or that are sold to exporters or
transporters for sale outside of the state, by county of origin.
When materials are sold or transferred by one recycling or composting
facility to another, for other than an end use of the material or
for export, the seller or transferror of the material shall inform
the buyer or transferee of the county of origin of the materials.
The reporting requirements of this subdivision do not apply to
entities that sell the byproducts of a manufacturing process.
   (c) Each county shall submit periodic reports to the cities within
the county, to any regional agency of which it is a member agency,
and to the board, on the amounts of solid waste disposed by
jurisdiction or region of origin, as specified in subdivision (a),
and on the categories and amounts of solid waste diverted to
recycling and composting facilities within the county or region, as
specified in subdivision (b).
   (d) The board may adopt regulations pursuant to this section
requiring practices and procedures that are reasonable and necessary
to perform the periodic tracking surveys required by this section,
and that provide a representative accounting of solid wastes that are
handled, processed, or disposed.  Those regulations or periodic
tracking surveys approved by the board shall not impose an
unreasonable burden on waste handling, processing, or disposal
operations or otherwise interfere with the safe handling, processing,
and disposal of solid waste.
   (e) On or before  January 1, 2002, the board shall submit a report
to the Legislature that evaluates the implementation of this
section.  The report shall include, but not be limited to, all of the
following:
   (1) An evaluation of the accuracy of the disposal reporting system
under differing circumstances.
   (2) The status of implementation of the disposal reporting system
at the local level by waste haulers, landfills, transfer station and
material recovery operators, and local agencies.
   (3) The need for modification of the disposal reporting system to
improve accuracy.
   (4) Recommendations for regulatory and statutory changes needed to
address deficiencies in the disposal reporting system.
   (5) Recommendations to improve implementation and to streamline
the reporting system, including ways to assist agencies to meet the
reporting and tracking requirements.
   (f) The board shall convene a working group composed of
representatives of stakeholder groups, including, but not limited to,
cities, counties, regional agencies, the solid waste industry,
recyclers, and environmental organizations, to assist the board in
preparing the report required pursuant to subdivision (e).
  SEC. 11.  Section 41825 of the Public Resources Code is amended to
read:
   41825.  (a) At least once every two years, the board shall review
each city, county, or regional agency source reduction and recycling
element and household hazardous waste element.
   (b) If after a public hearing, which, to the extent possible, is
held in the local or regional agency's jurisdiction, the board finds
that the city, county, or regional agency has failed to implement its
source reduction and recycling element or its household hazardous
waste element, the board shall issue an order of compliance with a
specific schedule for achieving compliance.  The compliance order
shall include those conditions that the board determines to be
necessary for the local agency or regional agency to complete in
order to implement its source reduction and recycling element or
household hazardous waste element.
   (c) (1) The board shall confer with a jurisdiction regarding
conditions relating to a proposed order of compliance, with a first
meeting occurring not less than 60 days before issuing a notice of
intent to issue an order of compliance.
   (2) The board shall issue a notice of intent to issue an order of
compliance not less than 30 days before the board holds a hearing to
issue the notice of compliance.  The notice of intent shall specify
all of the following:
   (A) The proposed basis for issuing an order of compliance.
   (B) Proposed actions that board staff recommends are necessary for
the jurisdiction to complete in order to implement its source
reduction and recycling element or household hazardous waste element.

   (C) Proposed staff recommendations to the board.
   (3) The board shall consider any information provided pursuant to
subdivision (c) of Section 41821 if the proposed issuance of an order
of compliance involves changes to a jurisdiction's calculation of
annual disposal reduction.
  SEC. 12.  Section 41850 of the Public Resources Code is amended to
read:
   41850.  (a) Except as specifically provided in Section 41813, if,
after holding the public hearing and issuing an order of compliance
pursuant to Section 41825, the board finds that the city, county, or
regional agency has failed to make a good faith effort to implement
its source reduction and recycling element or its household hazardous
waste element, the board may impose administrative civil penalties
upon the city or county or, pursuant to Section 40974, upon the city
or county as a member of a regional agency, of up to ten thousand
dollars ($10,000) per day until the city, county, or regional agency
implements the element.
   (b) In determining whether or not to impose any penalties, or in
determining the amount of any penalties imposed under this section,
including any penalties imposed due to the exclusion of solid waste
pursuant to Section 41781.2 that results in a reduction in the
quantity of solid waste diverted by a city, county, or regional
agency, the board shall consider whether the jurisdiction has made a
good faith effort to implement its source reduction and recycling
element or its household hazardous waste element.  In addition, the
board shall consider only those relevant circumstances that have
prevented a city, county, or regional agency from meeting the
requirements of this division, including the diversion requirements
of paragraphs (1) and (2) of subdivision (a) of Section 41780,
including, but not limited to, all of the following:
   (1) Natural disasters.
   (2) Budgetary conditions within a city, county, or regional agency
that could not be remedied by the imposition or adjustment of solid
waste fees.
   (3) Work stoppages that directly prevent a city, county, or
regional agency from implementing its source reduction and recycling
element or household hazardous waste element.
   (4) The impact of the failure of federal, state, and other local
agencies located within the jurisdiction to implement source
reduction and recycling programs in the jurisdiction on the host
jurisdiction's ability to meet the requirements of paragraph (2) of
subdivision (a) of Section 41780.
   (c) In addition to the factors specified in subdivision (b), the
board shall consider all of the following:
   (1) The extent to which a city, county, or regional agency has
implemented additional source reduction, recycling, and composting
activities to comply with the diversion requirements of paragraphs
(1) and (2) of subdivision (a) of Section 41780.
   (2) The extent to which a city, county, or regional agency is
meeting the diversion requirements of paragraphs (1) and (2) of
subdivision (a) of Section 41780.
   (3) Whether the jurisdiction has requested and been granted an
extension to the requirements of Section 41780, pursuant to Section
41820, or an alternative requirement to Section 41780, pursuant to
Section 41785.
   (d) (1) For the purposes of this section, "good faith effort"
means all reasonable and feasible efforts by a city, county, or
regional agency to implement those programs or activities identified
in its source reduction and recycling element or household hazardous
waste element, or alternative programs or activities that achieve the
same or similar results.
   (2) For purposes of this section "good faith effort" may also
include the evaluation by a city, county, or regional agency of
improved technology for the handling and management of solid waste
that would reduce costs, improve efficiency in the collection,
processing, or marketing of recyclable materials or yard waste, and
enhance the ability of the city, county, or regional agency to meet
the diversion requirements of paragraphs (1) and (2) of subdivision
(a) of Section 41780, provided that the city, county, or regional
agency has submitted a compliance schedule pursuant to Section 41825,
and has made all other reasonable and feasible efforts to implement
the programs identified in its source reduction and recycling element
or household hazardous waste element.
   (3) In determining whether a jurisdiction has made a good faith
effort, the board shall consider the enforcement criteria included in
its enforcement policy, as adopted on April 25, 1995, or as
subsequently amended.
  SEC. 13.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.
